Excluding Footnotes and Bibliography
Interviewing and Negotiation skills Assessment 1 – Negotiation research assignment 2000 words, 30% Due 4pm, Saturday 24 March 2018 Instructions: 1. Role play the following scenario as a negotiation, ensuring you experience all three roles: a) lawyer for Mr Migrant, b) lawyer for Ms Refugee and c) the mediator; and 2. Research the Australian jurisdiction in which this dispute would be lodged, cite the formal negotiation processes of this jurisdiction for this matter, and discuss the impact of these requirements; and 3. Research and cite the law applicable to the following scenario, and critically analyse how this law impacts on the negotiation process; and 4. Write a reflective analysis of the practical negotiation, as described in no.1 above. Include research about negotiation principles and apply these to this analysis. Mr Model Migrant Mr Migrant is a property owner and a landlord. He came to Australia from Europe as a young man, just after World War II and is now an Australian citizen. Many members of his family were killed in the war. When he arrived in Melbourne, Mr Migrant spent many years working as a labourer and in other odd jobs. He worked hard to support his wife and child. Over the years, he purchased first one investment property, then several more. He now owns four such properties, which he rents out. Now retired, the income from these properties is his main source of income. Being a migrant himself, Mr Migrant is keen to ‘give back to the community’, and particularly to assist fellow migrants. To this end, he has always made one of his rental properties available specifically to people who have migrated from overseas. He has always charged below market rent for this property. His assistance to other migrants in this way has led to Mr Migrant being highly regarded in the European community in Melbourne. He has also received an award from the local council for assisting migrants by providing low-cost housing. While he was working, Mr Migrant engaged a real estate agent to manage his rental properties. Since retiring, however, he has taken on this role himself. In order to save costs, he usually carries out any repairs himself. As he gets older, his health is failing. Whereas previously he attended to repairs quickly, now this is taking weeks and sometimes months. The current tenant of Mr Migrant’s low-rent property is Ms Refugee. She lives at the property with her four children. When Mr Migrant visited the property recently, he was shocked at what he saw. In the lounge room, there was a large burn mark in the centre of the room. The house smelt like smoke. Although the house was otherwise clean and tidy, Mr Migrant was very distressed by the damage to the lounge room floor. He has issued Ms Refugee with a notice to vacate the premises within 28 days. He wants the burn mark fixed, or compensation paid for this. The tenancy agreement with Ms Refugee is for 12 months, and the notice to vacate was issued seven months into this term. Although six weeks have passed since the notice to vacate was given, Ms Refugee and her children have not vacated the house. Ms Brave Refugee Before arriving in Australia, Ms Refugee and her children lived in a small village in an African country. When civil war broke out, many of her family members, and her husband, were killed. She had to flee the village in the middle of the night with her children. The family lived in a refugee camp for three years before being accepted as refugees and migrating to Australia. The camp was dirty and food and water were scarce. After arriving in Melbourne, Ms Refugee and her children lived for a short time in temporary accommodation. She was assisted by members of the African community to find a more permanent home. Ms Refugee’s ability to understand written English is very limited, and she has no prior experience in the private rental market. She was very pleased when she located Mr Migrant’s property. It was all she could afford on her Centrelink income. It provided some stability so that her children could attend school. When Ms Refugee signed the tenancy agreement, it was explained to her 12 year old son. However, because she had never rented before, she had little understanding of her rights and responsibilities. When Mr Migrant presented the tenancy agreement to her, he did not arrange for an interpreter. Ms Refugee moved into the house in the middle of a cold Melbourne winter. After moving in, she discovered that the gas heating in the house did not work. Her youngest child has a serious illness which is made worse by cold conditions. Ms Refugee did not know how to contact Mr Migrant to arrange repairs. In desperation, she lit a small wood fire in the middle of the lounge room, in order to warm the house a little at night. The fire was in a small barrel, and although she tried to avoid damaging the floor, some live embers escaped and caused small burns on the wooden floor. When Ms Refugee received the letter containing the notice to vacate, she was unable to read it. A friend explained that her family must leave the property. Ms Refugee is very angry and upset. She has always maintained the property in a clean condition, and paid the rent on time. She wants to stay in the house, as her children have settled into local schools. She does not understand the Australian legal system and she is scared that her family will soon be homeless, or put in prison. Assessment Criteria NOTE: All assessment criteria are cumulative. This means that to achieve a High Distinction, you must complete: - all that is required for a Pass, and - all that is required for a Credit, and - all that is required for a Distinction, and - all that is required for a High Distinction. Pass 50-59% Use and correctly apply the Australian Guide to Legal Citation Use academic language and concepts appropriately Present work in an appropriate academic style Find relevant legal resources Show understanding of jurisdiction as it applies to this assessment task Demonstrate a solid understanding of Negotiation in a legal context Demonstrate an understanding of Negotiation in a social context Credit 60-69% Present work in a professional style, only minor errors permitted Show technical understandings of different types of legal authorities and how they are applied in a Negotiation context Show problem solving skills, including an ability to map out and evaluate alternatives Demonstrate a high level of legal literacy in relation to your topic Show understanding of the connections between legal practices, legal discourse and social systems in a Negotiation context Critically Reflect on your learning about Negotiation Distinction 70-79% High level presentation, no errors Show critical analysis of connections between legal concepts, legal systems and negotiation skills Demonstrate critical information literacy, and an understanding of the gaps in legal authorities in the Negotiation context Demonstrate an ability to weigh up alternatives and make strategic decisions in the application of law in the Negotiation context Connect research to theoretical concepts, both social and legal Reflect on legal processes and practices and your learning about these in the applied Negotiation context High Distinction 80%+ Show exemplary written presentation skills Show sophisticated legal analysis skills, demonstrating an understanding of differences within and between laws, legal processes and other discourses in the Negotiation context Demonstrate superior research skills and a thorough knowledge of academic and legal information systems, situating these in the Negotiation context Draw connections between the theory, practice and ethics of Negotiation Engage in sophisticated reflective analysis of Negotiation as a socially situated practice, reflecting on your role and responsibilities as a legal professional Readings: Hyams, Campbell & Evans, Practical Legal Skills, 4th ed, Oxford University Press, 2014 Nadja Alexander, Jill Howieson and Kenneth Fox, Negotiation Strategy Style Skills (3rd edition, LexisNexis Butterworths, 2015) Chs 9 and 12. Ross Hyams, Susan Campbell and Adrian Evans, Practical Legal Skills: Developing Your Clinical Technique (4th edition, Oxford University Press, 2014) Ch 6.